October 26, 2001
Volume 7 — Number 199

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.

This Issue (IN THIS ORDER):
 
01 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

SOUTHERN CONSTRUCTORS, INC.  v.  LOUDON COUNTY BOARD OF EDUCATION

Court:TSC

Attorneys: 

R. Loy Waldrop, Linda J. Hamilton Mowles, and Maranee L. Petersen,
Knoxville, Tennessee, for the appellant, Loudon County Board of
Education.

Monty L. Walton and Stephanie K. Hunt, Knoxville, Tennessee, for the
appellee, Southern Constructors, Inc.

Judge: BARKER

First Paragraph:

The issue in this case is whether a county board of education has the
authority to arbitrate a dispute arising out of a school construction
contract.  After the parties completed arbitration, the plaintiff
filed suit to vacate the award, arguing that the defendant, a county
board of education, lacked the statutory authority to agree to
arbitration.  The defendant unsuccessfully moved for summary judgment,
and it sought interlocutory appeal with the trial court's permission. 
The intermediate court, however, denied the interlocutory appeal,
finding that the trial court's decision was consistent with prior
cases from the Eastern Section Court of Appeals.  We granted
permission to appeal and hold that the rule of strict construction of
local governmental powers should be retained. We also hold, though,
that the power to arbitrate construction contract disputes is fairly
implied from the express authority to enter into construction
contracts.  We therefore reverse the trial court's denial of summary
judgment and dismiss the case.

http://www.tba.org/tba_files/TSC/southernconstructors.wpd


ANCRO FINANCE COMPANY v. KEVIN JOHNSON v. DYNCORP Court:TCA Attorneys: T. Lang Wiseman, Paul Hagerman, Memphis, TN, for Appellant Dyncorp W. Ray Jamieson, Memphis, TN, for Appellee Ancro Finance Company Judge: HIGHERS First Paragraph: This appeal involves the dismissal of a petition for writs of certiorari and supersedeas brought by a garnishee in circuit court. After the garnishee failed to attend a hearing in general sessions court, a final judgment was entered. Instead of appealing the judgment as a matter of right to the circuit court, the garnishee petitioned the court for writs of certiorari and supersedeas. The circuit court dismissed the garnishee's petition. Because the garnishee failed to show proper grounds for writs of certiorari and supersedeas in lieu of an appeal, we affirm the decision of the circuit court. http://www.tba.org/tba_files/TCA/ancrofinance.wpd
MARTIN MCCLAIN Individually and d/b/a "MAC'S PLACE" v. CITY OF MILLINGTON, et al. Court:TCA Attorneys: Edward J. McKenney, Jr., Memphis, for Appellants, City of Millington, George R. Harvell,Jr., Mayor, and Millington Beer Board, City of Bartlett, City of Germantown, City of Collierville Rex L. Brasher, Jr., Memphis, For Appellee, Martin McClain Judge: CRAWFORD First Paragraph: Owner of establishment selling liquor by the drink and beer filed a complaint to declare a city ordinance conflicting with the state law unconstitutional and to issue a temporary injunction prohibiting the enforcement of the city ordinance pending a decision on the merits. The trial court issued a temporary injunction and city was granted an interlocutory appeal to consider whether the trial court erred in granting the injunction. We vacate and remand. http://www.tba.org/tba_files/TCA/mcclainmar.wpd
APRIL DAWN JOHNSON PRICE v. KENNETH FREEMAN PRICE Court:TCA Attorneys: Daniel Loyd Taylor and Amy R. Harden, Memphis, Tennessee, for the appellant, April Dawn Johnson Price. James F. Butler and Lisa A. Houston, Jackson, Tennessee, for the appellee, Kenneth Freeman Price. Judge: FARMER First Paragraph: This appeal follows a divorce action in which the trial court awarded custody of the parties' two minor children to the father. The mother appeals only the award of custody. We affirm. http://www.tba.org/tba_files/TCA/priceaprildawn.wpd

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